If you outlaw outlaw mascots only outlaws will be outlaw mascots. Or something:

When is a cub, not a Cub? When he isn’t sanctioned by the company which owns the copyright.

That’s the plight of John Paul Weier, who for the last six years, has been playing the role of “Billy Cub”, a cuddly bear figure who strolls the sidewalks outside Wrigley Field, posing for photos and clowning with fans before and after Cub games.

Except Billy Cub is not sanctioned by the Cubs. And he puts out a tip jar in a small Igloo cooler and some people complained to the Cubs when one of his employees cussed them out last year. It’s like the freakin’ wild-wild west. Except fuzzier.

But I gotta say, after this bit, I’m inclined to be on Billy’s side:

Citing allegations of trademark infringement, the League sent Weier a 100-plus page letter, ordering him to stop wearing the Billy Cub costume, and engaging in “unabated Mascot Activities.”

After consulting with a lawyer, he ignored it. And the next day, he said he was confronted by a Cubs executive.

“Someone came up to me, very angry, and said, ‘did you not get our letter?’”

Problem was, Weier was in costume and in character at the time. And since Billy doesn’t speak, he says he just stood there, gesturing and shrugging, as the executive in question got angrier.

Seriously, do the Cubs not remember last time they messed with a mascot/pet? I dunno, a certain Billy Goat?

paperlions - Jul 19, 2013 at 9:57 AM

I don’t think the Lawyer has any point. Wearing licensed apparel is not copyright infringement. Making and selling it is. Wearing licensed apparel while working or begging is also not a violation of any ownership rights the Cubs may have. For example, if a bar around the corner buys Cubs jerseys to use as “uniforms” for their staff, that is not a violation of any “rights” the Cubs may own. If the bar made the Jerseys, perhaps, but if you buy the stuff, you can wear it doing pretty much anything you want to.

If this guy is on Wrigley property doing it, then the organization has very valid legs to stand on. This isn’t just about wearing apparel.

This is about a guy who is impersonating the organizations mascot, on their own property, taking photos with people (who may or may not know he doesn’t work for the cubs) and even taking money from people in the form of tips.

If he were to go ape nuts one day and hurt someone….you know very well that the organization would get sued. This guy is liability problem for the them. He needs to go down the road with his tip jar.

paperlions - Jul 19, 2013 at 3:05 PM

He’s not on their property though. He’s on the sidewalk, which is public right-of-way. If he was on it, obviously they would have him arrested for trespassing.

All sorts of businesses use sports imagery to make money, apparel, decorations. If he wants to act like an ass and get his picture taken with fans and makes a few buck, who the fuck cares?

He is not any sort of liability to the the Cubs as he is not affiliated with them in any way. The fact that someone may think he is affiliated is irrelevant, because that assumption has no bearing on liability.

anthonyverna - Jul 19, 2013 at 11:59 AM

And drepi wins. When you are making money with it, then trademark rights come into play.

Now, as for a bar or restaurant where the waiters and waitresses may wear apparel, that’s different, unless that apparel is being used in promotions and advertisements of the establishment.

I actually know this guy in the costume. He has been trying for around five years to get the Cubs to make him an employee with no luck. To be honest the guy is a wierdo/douche anyways, so It’s not surprising that they won’t hire him.

Come on Craig, as a lawyer you should know that companies have to enforce their copyrights at all times or else risk losing them. And yes, it leads to stupid results like this or a school having to cover up a Disney mural they painted, but that’s what the law is.

I would think they might be able to limit him within a certain distance to the stadium, at most, but kind of difficult to just stop him from wearing what he wants to wear. Although, if he is representing himself as an employee of the team in any way, there may be an issue. But, those are both just guesses, as I am not a lawyer nor did I stay at a Holiday Inn Express last night.

I doubt the ACLU gets involved but I wouldn’t be surprised by a new city ordinance outlawing mascots from working within 5 blocks of a pro sports teams venues. Either that or an ordinance requiring them to be licensed and charge them $2500 or $5000 for a “vendor” license complete with background check and permit.

derklempner - Jul 19, 2013 at 3:58 PM

mybrunoblog, the city of Chicago already has a law stating that street performers must have a license to perform. It’s not expensive (less than $100, if memory serves me correctly), and chances are that Billy already has one if he’s doing everything else by the books.

Actually…years ago a dentist gave Ronnie a brand new full set of teeth..something that would not have been given to an everyday fan hanging out. Ronnie is in the same boat as this billie. Ronnie poses for pictures wears the logo and everything else…he might not take tips, but he makes money big time from his wearing the Cubs uniform and yelling like a moron. Ronnie also does appearances… AND has a documentary out that he is profiting from woolife dot com .

I think everyone is missing the point here: there was a 100+ page letter written to this guy. A 100+ page letter!? How is that even possible? If I were the cubs executives, I would be far more upset that my lawyers wasted this much time on this matter. And, if they hired outside counsel to write this letter, that it cost me that much money.

Seems to me that the Flubs should stick to baseball and trying to field a winning team, not harassing some guy who is within his rights to do what he is doing; i.e., not on Cubs property, legally purchasing the costume and, entertaining the fans who happen to love it! The way he handled the suit from the front office is classic. I can not say in this forum what I would have used the 125 pages of legal high jingo for.

The video said he gets $400 in tips on a good day. Assuming he averages $250/day (I pulled that number from thin air), then he’s getting about $20,000 in tips over the 81 home games. Subtract $4,000 for a new costume–he replaces it annually–and that’s $16,000 per year. That’s nothing to the Cubs. Why don’t they just hire him, and then they have control over everything?

“Why don’t they just hire him, and then they have control over everything?”

Then when they replace him, he’ll file a wrongful termination suit, and claim ownership of the character, seeking royalties going back years, and become a celebrity, guest-hosting Saturday Night Live, using skits to skewer the Cubs’ front office. Snowball rolling downhill, and all that.